The MeidasTouch Podcast - BREAKING: Trump files DERANGED Application with Supreme Court in Mar-a-Lago Search Warrant Case

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Starting point is 00:00:25 exclusions, and terms apply. Instacart, groceries that over-deliver. This podcast is supported by The RealReal. Want to know the deal with The RealReal? I'm always shopping The RealReal. They drop over 10,000 new arrivals every day from the luxury brands I'm obsessed with, all up to 90% off retail. Gucci, Prada, Louis Vuitton, Hermes, Dior, Cartier, Tiffany. P.S. It's super easy to sell on The RealReal. When I'm ready to part with my pieces, I can drop off or schedule a pickup. And they handle everything from photography to shipping. Everything.

Starting point is 00:01:00 All I have to do is get paid and start shopping for my next favorite piece. With over 38 million members and 40 million items sold, The RealReal is the world's largest and most trusted resource for authenticated luxury resale. No one else can say all that because no one does resale like The RealReal. Thousands of new arrivals daily at 90% off retail. And right now, you can get $25 off your first purchase at therealreal.com. Go to therealreal.com to get your $25 off. That's therealreal.com. I'm Ben Micellis from the Midas Touch Network, and this is a breaking news alert. Donald Trump has just filed a application

Starting point is 00:01:38 with the United States Supreme Court, essentially asking the Supreme Court to overturn or vacate the 11th Circuit Court of Appeals ruling in connection with the search warrant matter, the search warrant that was executed at Mar-a-Lago on August 8th, where the 11th Circuit order that the 100 classified records obtained by the Department of Justice, which belongs to the executive branch, that that actually be returned to the Department of Justice, which belongs to the executive branch, that that actually be returned to the Department of Justice and the executive branch in an order where the 11th Circuit found it was self-evident that Judge Eileen Cannon should not have asserted equitable jurisdiction in connection with these 100 classified records.

Starting point is 00:02:22 And the 11th Circuit stayed the portion of Judge Eileen Cannon's order that resulted in the 100 classified records, limited to those records, not being returned to the Department of Justice. And the Department of Justice just focused on those documents because they argued that would cause irreparable harm pending their broader appeal that Judge Eileen Cannon should not have jurisdiction over the remaining 11,000 records. So what this application asks the Supreme Court to do, and this is what it's called, it's called an application to vacate the 11th Circuit stay of an order issued by the United States District Court for the Southern District of Florida. So it's asking the Supreme Court to vacate the 11th Circuit's order, which stayed the

Starting point is 00:03:11 District Court's order, Judge Eileen Cannon's order, that the Department of Justice cannot utilize those 100 classified records. And now this appeal that was filed by Donald Trump is a very technical, it's a very strange appeal. It's definitely not a legally impressive document, would be putting it lightly. But what Donald Trump is arguing in this application to the Supreme Court is that the 11th Circuit should never have had jurisdiction, appellate jurisdiction, in the first place to make a ruling to the portion of Judge Eileen Cannon's order such that the 100 classified records are being returned. Now, what Donald Trump is simply asking for is not a return of those records to him, but he's asking that those records go before the special master. Why is Donald Trump asking that? Because he likely wants to have access and look at those

Starting point is 00:04:12 classified records. But meanwhile, the special master, Judge Raymond Deary, has already expressed a great deal of skepticism why he, as a special master, should have any say over classified records that belong to the current executive branch anyway, and where Donald Trump has failed to make a claim and still fails to even claim that he has a possessory ownership over these classified records that he stole, nor could he make a claim of executive privilege. Past presidents can't make that claim. But what's embedded in this motion is a great degree of kind of gaslighting, essentially acting like Donald Trump is just trying to preserve transparency. And in the interest of justice, we want to expedite the proceedings that are taking place before

Starting point is 00:05:03 Special Master Judge Raymond Deary. Meanwhile, in front of Judge Raymond Deary, Donald Trump has expedite the proceedings that are taking place before special master judge raymond deary meanwhile in front of judge raymond deary donald trump has tried to delay delay in every turn he's objected to all of judge raymond deary's orders or to a substantial part of that he's got his stooge judge eileen cannon the district court judge to overturn recommendations like Donald Trump to submit an affidavit or declaration that the FBI did not plant records. Eileen Cannon relieved him of that obligation. And Donald Trump's lawyers have asked for briefing to take place with the Court of Appeals that would have oral argument be heard in 2023. So Donald Trump's trying to delay, delay, delay, but he's acting like with the Supreme Court that he's trying to get this heard immediately. Let me read the portion that

Starting point is 00:05:49 specifically stood out to me as significant gaslighting. It says, this unwarranted stay by the 11th Circuit should be vacated as it impairs substantially the ongoing time-sensitive work of the special master. Moreover, any limit on the comprehensive and transparent review of material seized in the extraordinary raid of the president's home erodes public confidence in our system of justice. You are not the president anymore. Stop saying that you are the president, number one. And number two, when they say the time-sensitive work of the special master, you've been the

Starting point is 00:06:28 one objecting to the time-sensitive work of the special master. And then what's argued in this brief is that, again, the 11th Circuit did not have jurisdiction. It's a very complicated and technical argument, but it really doesn't make any sense. And the argument basically goes that the 11th Circuit asserted its appellate jurisdiction over a portion of the order by Judge Eileen Cannon relating to the appointment of the special master, but the appellate court did not have the authority to do that because it was not a final judgment. It was an interlocutory review. And because they were not asserting jurisdiction over an injunction that was issued by Judge Eileen Cannon,

Starting point is 00:07:16 but over an appointment order of the special master, that the 11th Circuit would not be allowed to have jurisdiction over special master appointments. And you'd have to wait essentially until the special master completes his work before the 11th circuit could assert its jurisdiction. Like that didn't make sense to you, right? Because there clearly was an injunction that was issued by judge Eileen Cannon, Trump's stooge district court judge, and Judge Eileen Cannon enjoined or stopped the Department of Justice from accessing all of its 11,000 documents, which are mostly all government records obtained in connection with the search warrant executed at Mar-a-Lago on August 8th, and Judge Eileen Cannon's order enjoined or stopped the Department of Justice from further engaging

Starting point is 00:08:12 in their criminal investigation into Donald Trump utilizing those documents. And the Department of Justice reached out to the Court of Appeals and filed an appeal to the 11th Circuit and said, look, that's an injunction. They're telling us we can't access our records. These are the types of things that Court of Appeals can issue stays on and can stop the district court's order pending an overall appeal. The most irreparable harm that we face as the Department of Justice relates to the injunction against us from accessing our 100 classified records because the national security of the country is on

Starting point is 00:08:53 the line here. But we intend to appeal all of Judge Eileen Cannon's order, but we are appealing her injunction order where she enjoined us not to use these records. And Donald Trump is acting like in this appeal that that is something that you are not permitted to appeal, which is completely false. There's one other technical issue as well here, which is after the 11th Circuit issued its stay of Judge Eileen Cannon's order. Judge Eileen Cannon actually changed her underlying order, which then provided for the return of the classified records to the Department of Justice. So she then amended her underlying order. And so here, Donald Trump is essentially appealing something, which is

Starting point is 00:09:47 basically a issue that's been mooted by the fact that Judge Eileen Cannon has changed her order after the 11th Circuit wrote that opinion to say that the 100 classified records would no longer be a part of her order. Now, what else is going on in the background? The Department of Justice has previously filed last Friday a motion to expedite their appeal. They already have their classified records back, but there are still potentially 11,000 or up to 200,000 pages, 11,000 documents that equal about 200,000 pages of government records that Donald Trump still stole and the Department of Justice saying, we need that back too.

Starting point is 00:10:33 And Judge Eileen Cannon should never have asserted jurisdiction over all the documents. 11th Circuit, the same way you ruled that her assertion of jurisdiction, equitable jurisdiction over classified records, was inappropriate and that it was self-evident that none of the factors for her to assert such jurisdiction was meant well, those same factors apply to all of the records, the 11,000 documents. And so the Department of Justice wants that to be heard on an expedited basis with final briefing on November 11th. And Trump wants to extend that out with oral argument into January of 2023. The 11th Circuit is going to rule that Judge Eileen Cannon should never have asserted any jurisdiction over this matter in the first place. Now, there is an aspect to Donald Trump's appeal, although legally his claim that the 11th Circuit had no jurisdiction to assert itself to rule on the appeal. Why? I think that is legally baseless.

Starting point is 00:11:46 And by the way, remember the panel of the 11th Circuit that Donald Trump is basically calling out as idiots right now, which they're not. They are brilliant jurists who made the right ruling. But two Trump appointees, one Obama appointee, the three of them all united, reached a unanimous per curiam decision, meaning they all wrote the decision together, finding that one, they should have jurisdiction, and two, that Judge Eileen Cannon's order was self-evident, was defective, and that Donald Trump never even claimed a possessory ownership, nor would he. And it's an entirely frivolous claim. The Department of Justice should get their records back. But the part about this that you may have heard about that is concerning, but let me try to assuage your concerns slightly here, is that the Supreme Court justice who was allotted jurisdiction over the 11th Circuit is Justice Clarence Thomas. Now, this is weird and very intricate Supreme Court procedure, so stick with me here for a second. And so the United States Supreme Court assigns or allots

Starting point is 00:12:54 individual justices to oversee the 13 different circuit courts and to receive applications for stays or applications to vacate a decision from within a particular circuit. Justice Thomas has been allotted responsibility for applications made within the 11th Circuit, the radical MAGA extremist Justice Clarence Thomas. Now, for a judge to assert a Supreme Court justice to basically make a ruling to vacate the decision of the 11th Circuit pending an overall briefing before the Supreme Court, a number of factors have to be established. match that. Check out Prize Matcher and see why it's never ordinary at Bet365. Must be 19 or older, Ontario only. Please play responsibly. If you or someone you know has concerns about gambling, visit connexontario.ca. T's and Z's apply. They are one, that there is a reasonable probability that four justices will grant certiorari or agree to review the merits of the case. In other words,

Starting point is 00:14:20 there's a reasonable probability that at least four of the other justices would take this matter up for a full hearing before the Supreme Court. Next, that there is a fair prospect, and that's in quotes, that's the standard, that a majority of the court will conclude upon review that the decision below, in this case, the 11th Circuit on the merits was erroneous. In other words, you have to find that there was a, this is Clarence Thomas, a fair prospect that there would be at least five other justices who would rule so that the Supreme Court would make a ruling that the 11th Circuit, comprised of two Trump judges and one Obama judge, and their per curiam decision was erroneous. Three, that irreparable harm will result from the denial of

Starting point is 00:15:06 the stay. And then finally, in close cases, the circuit justice, in this case, Justice Clarence Thomas, may find it appropriate to balance the equities by exploring the relative harms to the applicant and respondent, as well as the interest of the public at large. Now, Justice Clarence Thomas would be permitted to make this ruling on his own, or he could basically refer it to the full court for consideration. But these findings would have to be made if he was going to vacate the 11th Circuit Court's ruling on his own. Now, what do I think is going to happen here? I tend to think that Clarence Thomas, and look, we have every right to be very, very skeptical of Clarence Thomas, but it's my belief that Clarence Thomas is going to deny this application

Starting point is 00:15:59 to vacate. I think there's a lot of procedural flaws with what Trump is asking the Supreme Court to do, and specifically the fact that Judge Eileen Cannon has amended her order, which has kind of mooted this whole briefing to begin with. But I think Clarence Thomas is going to deny it. And again, you had a 11th Circuit, which is known as a fairly right-wing court. Or I think he's going to refer it to the full court so that the responsibility isn't all on him. And I think the full court is going to deny the application. Now, there is, of course, a chance that Clarence Thomas is just going to side with Judge Eileen Cannon and so brazenly flout the law and just completely butcher the law here. And Clarence Thomas has been known to do that. So there is a healthy degree of being a little nervous that Clarence Thomas may on his

Starting point is 00:16:52 own, because he can on his own, make the ruling to vacate what the 11th Circuit did. But if you're viewing this from a real politic standpoint and view, Clarence Thomas realizes that these issues, if he rules this way, would basically flood the Supreme Court with frivolous applications like this from criminal defendants who would all be claiming without any basis of law that the Supreme Court and the circuit courts should stay or stop the Department of Justice from engaging in criminal investigations. And while Clarence Thomas may be OK with that in the case of Donald Trump, who he wants to support, if you're thinking about this long term, this could have serious ramifications

Starting point is 00:17:37 if you're hamstringing the executive branch in future administrations, which may more align with your politics, although I hope that's not the case. But there is a healthy degree of concern that Clarence Thomas, who is the Supreme Court judge who oversees emergency applications from the 11th Circuit Court, could on his own just say, I'm vacating it. But those findings would have to be made. And here's an important point. It is revisable by the full court. So even if Clarence Thomas made that call, the full court could then

Starting point is 00:18:14 step in and overturn that. And the Department of Justice could go ask the full court to overturn that. And it would only be a temporary mechanism if Clarence Thomas did that. The only power in this emergency vacate, stay, or grant a stay, but these powers given to the Supreme Court judges to step in in these cases is a time-sensitive one. And then there would be full briefing before the Supreme Court with a certiorari petition where the Supreme Court would literally hear oral arguments on the entire matter, which would almost inevitably result in, if Clarence Thomas were to overturn the 11th Circuit, Clarence Thomas' decision being rejected by the full court.

Starting point is 00:19:01 And so there is concern that Clarence Thomas has this emergency power to intervene here. That's why this motion is styled as being essentially written to Clarence Thomas. It says to the honorable Clarence Thomas, circuit justice for the 11th circuit. That's why they say that because he is the Supreme Court judge who has that jurisdiction. But I still think that's not going to happen. And I think there is a number of technical reasons I explained that it's not going to happen. And Donald Trump's legal brief, again, is just so legally unsound, arguing that the 11th Circuit should not have even asserted jurisdiction would gut the 11th Circuit, which also reaches a number of very favorable rulings for Clarence Thomas. And so you would be divesting the 11th Circuit, which is known for being a relatively right-wing

Starting point is 00:19:53 circuit from its powers. That's what Clarence Thomas would have to do here, which again, I don't think is going to happen. So again, a very poorly written, bizarre motion by Donald Trump, application rather, to the Supreme Court to vacate the 11th Circuit's decision to give the Department of Justice their classified records back. Donald Trump is directing that the Supreme Court state that Judge Raymond Deary look at the classified records when Judge Raymond Deary has already said, I don't think that makes no sense, and where Donald Trump has objected to all Judge Raymond Deary has already said, I don't think that makes no sense. And where Donald Trump has objected to all of Raymond Deary's orders.

Starting point is 00:20:29 So essentially, Trump wants to use the special master as a kind of as a proxy or as a straw man, but really try to get Judge Eileen Cannon, who's been overruling the special master, to be empowered here and not have any checks from the appellate court. But remember, one final thing, the overall appeal of Judge Eileen Cannon's jurisdiction is one that is still moving along, and my belief is in the next 45 to 60 days, I have a high degree of confidence, the 11th Circuit will rule that Judge Eileen Cannon's overall assertion of equitable jurisdiction was invalid, and the entire process with this special master is going to be stopped. I know, fairly complicated. I hope I walked it through in the

Starting point is 00:21:16 most basic terms, but I'm not really worried about this application to the Supreme Court. I don't think you should be worried about it either, although Justice Clarence Thomas could raise some alarms that he has these emergency powers. But the way Donald Trump has framed this application, again, doesn't seem to merit any intervention here. It would then be revisable if Clarence Thomas intervened by the full Supreme Court. And in any event, the Department of Justice is appealing the overall order, not just the sliver of the order related to the classified records. But Trump's claim that the 11th Circuit doesn't have appellate jurisdiction where there was an injunction stopping the Department of Justice from doing something.

Starting point is 00:21:59 I mean, as I explained it to you, it's simply to me that basic. And that's what the 11th Circuit said in their opinion about, of course, we have jurisdiction here. You know, and Donald Trump now calling the 11th Circuit out, I think, is going to backfire as well. In any event, I'm Ben Micellis from the Midas Touch Network. Until next time, if you want to support our independent media channel, I always get asked, how can you help?

Starting point is 00:22:20 One way you can help, no matter where you live, go to patreon.com slash Midas Touch. P-A-T-R-E-O-N dot com slash Midas Touch. Until next time, I'm Ben Micellis.

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The MeidasTouch Podcast - BREAKING: Trump files DERANGED Application with Supreme Court in Mar-a-Lago Search Warrant Case

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